§ 166A-19.31. Power of municipalities and counties to enact
ordinances to deal with states of emergency.

(a) Authority to Enact Prohibitions and Restrictions. -
The governing body of any municipality or county may enact ordinances designed
to permit the imposition of prohibitions and restrictions within the emergency
area during a state of emergency declared pursuant to G.S. 166A-19.22.
Authority to impose by declaration prohibitions and restrictions under this
section, and to impose those prohibitions and restrictions at a particular time
as appropriate, may be delegated by ordinance to the mayor of a municipality or
to the chair of the board of county commissioners of a county.

(b) Type of Prohibitions and Restrictions Authorized. -
The ordinances authorized by this section may permit prohibitions and
restrictions:

(1) Of movements of people in public places, including
imposing a curfew; directing and compelling the voluntary or mandatory
evacuation of all or part of the population from any stricken or threatened
area within the governing body's jurisdiction; prescribing routes, modes of
transportation, and destinations in connection with evacuation; and controlling
ingress and egress of an emergency area, and the movement of persons within the
area.

(2) Of the operation of offices, business
establishments, and other places to or from which people may travel or at which
they may congregate.

(3) Upon the possession, transportation, sale,
purchase, and consumption of alcoholic beverages.

(4) Upon the possession, transportation, sale,
purchase, storage, and use of gasoline, and dangerous weapons and substances,
except that this subdivision does not authorize prohibitions or restrictions on
lawfully possessed firearms or ammunition. As used in this subdivision, the
term "dangerous weapons and substances" has the same meaning as it
does under G.S. 14-288.1. As used in this subdivision, the term
"firearm" has the same meaning as it does under G.S. 14-409.39(2).

(5) Upon other activities or conditions the control of which
may be reasonably necessary to maintain order and protect lives or property
during the state of emergency.

The ordinances authorized by this section need not require or
provide for the imposition of all of the types of prohibitions or restrictions,
or any particular prohibition or restriction, authorized by this section during
an emergency but may instead authorize the official or officials who impose
those prohibitions or restrictions to determine and impose the prohibitions or
restrictions deemed necessary or suitable to a particular state of emergency.

(c) When Ordinances Take Effect. - Notwithstanding any
other provision of law, whether general or special, relating to the
promulgation or publication of ordinances by any municipality or county, upon
the declaration of a state of emergency by the mayor or chair of the board of
county commissioners within the municipality or the county, any ordinance
enacted under the authority of this section shall take effect immediately
unless the ordinance sets a later time. If the effect of this section is to
cause an ordinance to go into effect sooner than it otherwise could under the
law applicable to the municipality or county, the mayor or chair of the board
of county commissioners, as the case may be, shall take steps to cause reports
of the substance of the ordinance to be disseminated in a fashion that its
substance will likely be communicated to the public in general, or to those who
may be particularly affected by the ordinance if it does not affect the public
generally. As soon as practicable thereafter, appropriate distribution or
publication of the full text of any such ordinance shall be made.

(d) When Prohibitions and Restrictions Take Effect. - All
prohibitions and restrictions imposed by declaration pursuant to ordinances
adopted under this section shall take effect in the emergency area immediately
upon publication of the declaration unless the declaration sets a later time.
For the purpose of requiring compliance, publication may consist of reports of
the substance of the prohibitions and restrictions in the mass communications
media serving the emergency area or other effective methods of disseminating
the necessary information quickly. As soon as practicable, however, appropriate
distribution of the full text of any declaration shall be made. This subsection
shall not be governed by the provisions of G.S. 1-597.

(e) Expiration of Prohibitions and Restrictions. - Prohibitions
and restrictions imposed pursuant to this section shall expire upon the earliest
occurrence of any of the following:

(1) The prohibition or restriction is terminated by the
official or entity that imposed the prohibition or restriction.

(2) The state of emergency terminates.

(f) Intent to Supplement Other Authority. - This
section is intended to supplement and confirm the powers conferred by G.S. 153A-121(a),
G.S. 160A-174(a), and all other general and local laws authorizing
municipalities and counties to enact ordinances for the protection of the
public health and safety in times of riot or other grave civil disturbance or
emergency.

(g) Previously Enacted Ordinances Remain in Effect. - Any
ordinance of a type authorized by this section promulgated prior to October 1,
2012, if otherwise valid, continue in full force and effect without
reenactment.